5 Conclusion

Subject(s):

Choice of law — General principles of international law — Arbitral tribunals — Arbitration

This concluding chapter summarizses the legal questions discussed and the findings of each question examined. In order to examine whether abuse of rights can be considered a general principle of law, the principle’'s recognition in all systems of law is not required. As a legal principle, its recognition and application naturally varies from one jurisdiction to another. Similarly, the manner in which the principle is regulated and applied by courts may vary. Nevertheless, the importance of endorsing a general principle of abuse of rights is not only mandated by its role in ensuring the administration of justice, but also owing to its comprehensiveness and its ability to remedy forms of abuse that other rules fail to remedy. The chapter then provides recommendations and considerations, the adherence to which may limit the rising phenomenon of abuse in international arbitration.